The Crested Butte News Serving the Gunnison Valley since 1999
Who is first in line to determine public use?
By Mark Reaman
Without discussing the current ask by the CB Center for the Arts to have the town of Crested Butte transfer ownership title of the Center facility to the Arts Center board, the town council last week asked the town attorney to work with the county to adjust the deed. The adjustment would clarify that if the town ever did transfer the title, it would have first position on the deed to make sure the building was being used for public purposes. Currently Gunnison County, the original owner of that property, would hold that first position.
The issue came up as a bit of a surprise when talks between the town and the Center over ownership began earlier this year. It was discovered that the county held a “revisionary clause” on the title stating the land must always be used for a public purpose. With town owning the property it is assumed the use will be public. If the ownership changed however, the county could take a different stance in the future if there were grey areas.
Councilmembers John O’Neal and Anna Fenerty were tasked with contacting the county commissioners to get their take on the situation. O’Neal said he had talked to commissioner Laura Puckett Daniels. “In her personal opinion she said it would be okay for the county to be in the secondary position behind the town on the deed,” he said. “She said the next step might be for the town to make an official proposal.”
Fenerty said she had a conversation with commissioner Liz Smith and she had a similar opinion. Both emphasized nothing had been in front of the board and no detailed conversation had taken place with the county attorney.
Crested Butte mayor Ian Billick said it might be a good move to make that change to the deed now, whether or not the council ultimately supported a transfer of the title to the Center. “It seems that would give town more control if something happened now or 25 years or 100 years from now. You never know what could happen,” he said. “Whether or not this council transfers ownership, based on past history it seems the Center will be back two or four years from now asking for this again. It’s a preemptory move that could put the town in a better position.”
Town manager Dara MacDonald said it would make sense to make that effort if the council did decide to transfer the ownership but until then, she indicated it would take up unnecessary time from both the town and county. “You are solving a problem that doesn’t exist,” she said.
Billick said it would eliminate one part of the current ongoing conversation with the Center and ultimately protect the town well into the future. “I think there is value in clearing that up,” he said.
“It could signal to the community that you’re proceeding with the Center proposal,” MacDonald noted.
“That’s not the case and someone is always going to be mad about something over this,” said Billick. “It would help lock the town’s ownership and oversight of the property.” He also said the Center ownership issue might be more appropriate to discuss as the town begins developing strategies for community spaces.
“The question on this is, who is protecting that property for public use, the town or the county?” said councilmember Gabi Prochaska. “It’s not about this current situation.”
“It’s just the timing of it,” MacDonald said.
The rest of the council agreed to proceed with the proposed change and town attorney Karl Hanlon said he could easily draft up a legal proposal for the deed change and begin the process with the county.
